AGREEMENT between BROWARD COUNTY and Cummings ...

Exhibit 2
Page 367 of 379
FORM 4: FORM OF PERFORMANCE BOND
Project Name: «T-4 Gate Replacement - Western Expansion»
Project Number: 3300
KNOW ALL MEN BY THESE PRESENTS:
That we __________________________, as Principal, hereinafter called CONTRAC-
TOR, and ____________________, as Surety, are bound to the Board of County Commissioners
of Broward County, Florida, as Obligee, hereinafter called COUNTY, in the amount of
______________ Dollars ($__________) for the payment whereof CONTRACTOR and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Agreement,
Bid/Contract No.: ____________, awarded the _____________ day of
________________________, 20______, with COUNTY for ________________ in accordance
with the Contract Documents prepared by _____________________ which Contract
Documents are by reference made a part hereof, and for the purposes of this Bond are hereafter
referred to as the "Agreement";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Agreement between CONTRACTOR and COUNTY for construction of
_________________, the Agreement being made a part of this Bond by reference, at
the times and in the manner prescribed in the Agreement; and
2. Pays COUNTY all losses, damages, expenses, costs and attorneys fees including
appellate proceedings, that COUNTY sustains as a result of default by CONTRACTOR
under the Agreement; and
3. Performs the guarantee of all work and materials furnished under the Agreement for the
time specified in the Agreement; then THIS BOND IS VOID, OTHERWISE IT REMAINS
IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by COUNTY to be, in default under
the Agreement, COUNTY having performed COUNTY’s obligations there under, the
Surety may promptly remedy the default, or shall promptly:
Form of Performance Bond
CM @ Risk Agreement R0787918R1 073010 Page of 1 of 3